The petitioner herein is the original first accused in crime No.300/2011 of the Vatakara Police Station, registered under Sections 143, 147, 148, 341, 326, 308,294 (b) r/w 149 IPC. The case against the other two accused was initially committed to the court of Session. It was filed as S.C No.699/2012 in the Court of Session Kozhikode. The original third accused Muneer faced prosecution as second accused in S.C 699/2012, and he obtained a judgment of acquittal under Section 232 Cr.P.C, when all the material witnesses turned hostile to the prosecution during trial, in view of an amicable settlement arrived at by the parties out of court. The case against the original second accused was split up and refiled, when he consistently remained absent during the trial in S.C No.699/2012. The case against the petitioner herein was split up in the committal court itself, when the case against the others was committed. When coercive steps failed his case was transfered to the register of long pending cases as L.P No.129/2014 before the Judicial first Class Magistrate Court, Vatakara. He now seeks orders Crl. M.C No. 6691 of 2014 2 under Section 482 Cr.P.C quashing the prosecution on the ground that continuance of prosecution in the above circumstances will not serve any purpose, and it will cause harm and hardship to all the parties. Another ground to quash the prosecution is that he and the de facto complainant have come to terms amicably out of court. Crime in the said case was registered on the complaint of one Rajilesh. He is the first respondent in this proceeding. He has filed affidavit to the effect that he has settled the dispute with all the accused including the petitioner herein, and that he has no grievance or complaint. Annexure 2 judgment in S.C No.699/2012 shows that none of the material witnesses including Rajilesh in any manner supported the prosecution during trial. The judgment shows that they turned hostile, in view of an amicable settlement made out of court. The whole dispute now stands resolved forever. In so many decisions, the Hon'ble Supreme Court has held that even in cases involving non compoundable offences, the High Court can quash prosecution, if the parties have really come to terms, or continuance of prosecution will not serve any purpose. Here I am quiet definite that continuance of proceeding as against the petitioner herein will be a sheer waste of time. In the circumstances of an amicable settlement, which led to the acquittal Crl. M.C No. 6691 of 2014 3 of the other accused under Section 232 Cr.P.C by the trial court, it is definite that nobody will in any manner support the prosecution, if the case against the petitioner herein goes to trial. It is also definite that the prosecution cannot in any manner improve the case as against the petitioner herein, and that continuance of prosecution will be a sheer waste of time. The guidelines made by the Hon'ble Supreme Court can be applied in this proceeding, and the prosecution can be quashed. In the result, this petition is allowed. The prosecution against the petitioner herein in L.P No.129/2014 of the Judicial First Class Magistrate Court – I, Vatakara will stand quashed under Section 482 Cr.P.C. Accordingly, he will stand released from prosecution, and the bail bond, if any, executed by him will stand discharged.
P.UBAID, JUDGE sab